M/S. Yedukondalu Engineering ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 5647 AP

               HON'BLE SRI JUSTICE K.SURESH REDDY

                    Writ Petition No.24788 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

             "Writ Order or direction more particularly one in the nature
      of Writ of Mandamus declaring the action of the respondents in not

releasing the amount of Rs.36,87,760/- for supplying the machineries/equipments to the respondent authorities by the petitioner, through his firm, even though admitted amount of Rs.36,87,760/-, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules & Regulations and consequently direct the respondents to pay the admitted amount of Rs.36,87,760/-, with cumulative interest"

2. The petitioner's firm is running business in the name and style of

M/s Yedukondalu Engineering Works and supplying agricultural

implements like Cultivator, Multi Crop threshers, MB Plow, Rotavator

etc., to the respondent authorities, under the schemes of Sub-Mission on

Agricultural Mechanization (SMAM), Rashtriya Krishi Vikas Yojana(RKVY)

and Skill Development Programme (SDP). The petitioner's firm has

supplied Agricultural implements, for which, the government has to

release the subsidy amount. But, the respondents withheld the subsidy

amount of Rs.36,87,760/- under various government schemes. The

petitioner made number of representations for release of subsidy

amount, but no action has been taken by the respondents. Aggrieved by

the same, the present writ petition is filed.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner is entitled for payment of the

aforesaid sum of money, no payment is being made and such non-

payment of money is clearly arbitrary and high-handed and thereby

requires interference by this court. He further submits that having

approved the bills with CFMS token numbers, non-payment of bill

amount is arbitrary and illegal.

4. This court, in various orders, including the judgment of a learned

single Judge of this court, dated 05-10-2021 in W.P.No.10038 of 2021

and batch had taken the view that such non-payment of dues is arbitrary

and that such dues need to be cleared by the respondents at the

earliest.

5. The learned Government Pleader submits that the respondents-

authorities are verifying the claims of the petitioner and would be in a

position to make payments only after such verification is being

completed.

6. In view of the aforesaid directions of this court in various cases

and after hearing both sides, this writ petition is disposed of with a

direction to the respondents to complete the verification process within

a period of four(4) weeks from the date of receipt of a copy of this

order and thereafter to pay the amounts due to the petitioner depending

upon the outcome of the verification within a period of six(6) weeks. It

would also be open to the petitioner to agitate his/her/their claim for

interest, if any payable by the respondents in an appropriate forum. No

costs.

Miscellaneous Petitions, if any, pending in this writ petition shall

stand closed.

_______________ K.SURESH REDDY,J 26th day of August,2022 RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No.24788 of 2022

Dated: 26.08.2022

rpd